PC-010054-1

The Workplace Safety and Insurance Board (the WSIB) notified the Office of the Information and Privacy Commissioner/Ontario (the IPC) about a breach of the Freedom of Information and Protection of Privacy Act the Act). The WSIB advised the IPC that a client (client #1) who had requested access to his own WSIB claim file had also received documentation from another individual's claim file (client #2). As a result, a privacy investigation was initiated by the IPC.

In a follow-up letter to this office dated November 15, 2001, the WSIB's FOI Coordinator explained that, in May 2001, the WSIB had sent client #1 a copy of his own claim file, but had inadvertently attached a copy of an unrelated file belonging to client #2. Upon notifying an adjudicator of this incident, client #1 was advised that the documents were confidential and must be returned to the WSIB immediately, and that a WSIB investigator would be sent to retrieve the entire package. Client #1 advised that he would prefer to return the package to the WSIB's office on the following day, and subsequently met with the access manager who reviewed the entire file and removed all documentation relating to client #2.

Approximately six months later, client #1 advised the adjudicator that he had kept a copy of the documents relating to client #2. At this time, the adjudicator contacted the FOI Coordinator who then initiated an internal investigation and notified the IPC.

• FIPPA
• Section 42
• 2(1)

• not in compliance